24. Although these people and their children were born and lived their entire lives in Macedonia, due
to the factors set out above, many of them lost the ability to prove their right to citizenship and thus
became stateless, or at risk of statelessness.
25. Macedonia does however have in place, a safeguard against childhood statelessness. According to
the Law on Citizenship of 2004, Macedonian citizenship is acquired by a child who was found or
born in the territory of Macedonia whose parents are unknown or have an unknown citizenship or
are stateless. This safeguard however, is not comprehensive – it does not protect children who have
a parent who cannot pass their nationality onto their children – for example, due to gender
discriminatory nationality law in the parent’s country. Furthermore, this provision has not been
implemented consistently in practice, with a particular impact on the children of Roma parents, who
could not establish their claim to Macedonian citizenship due to the reasons set out above.
26. As a result, these people and their descendants were no longer seen and addressed through the
lens of citizenship (as was their right), but through that of foreigners. Hence, Roma, whose right to
a nationality had been denied, were left with no option but to attempt to regulate their stay in the
Republic of Macedonia under the Law on Foreigners, either on the basis of marriage, if they are
married to a Macedonian citizen, or as stateless persons on humanitarian grounds.
27. In this context – having been denied the right to Macedonian citizenship – the new law on
Foreigners (of5 June 2018) is particularly relevant to this group. This law envisages the possibility
for persons who had Yugoslavian (Federal) citizenship on 8 September 1991 and who after 8
September 1991, continued to live in Macedonia, to obtain permanent residence in Macedonia if
they register their stay within three years of the adoption of the law. According to the law, children
over five years old also benefit. This development exempts those who lost their citizenship due to
the discriminatory situation arising out of state succession (as described above), from annual costs
and obligations to renew the temporary residence permit. This is a positive development, as in some
cases, the costs and other barriers associated with renewing temporary residence permits, caused
a break in the legal stay of affected persons, thus preventing them from ultimately acquiring
Macedonian citizenship through naturalisation.
28. However, the same law in Article 132(3) lacks precision and requires that persons who apply for
residence status should support their application with an opinion provided by a competent
institution. In practice, this provision can create confusion among the persons applying for residence
on the one hand and gives wide discretion to the authorities on the other. In the context of negative
stereotypes and prejudicial attitudes towards the Roma, there is a concern that such discretion will
be abused, creating further barriers to the regularisation of their status.
Barriers to birth registration and unregulated civil status
29. Barriers to birth registration and unregulated civil status are serious and complex problems in
Macedonia, which heighten the risk of statelessness, especially for members of the Roma
community. The inability to meet documentary evidence requirements, the discriminatory attitudes
of registry officials, poverty, lack of awareness and marginalisation are all factors which impact on
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